Published on: 23 Feb, 2025 13:35 IST
The Union Law and Justice Ministry has withdrawn the draft Advocates (Amendment) Bill, 2025, following strong opposition from the Bar Council of India (BCI) and nationwide protests by lawyers. The draft Bill, published on February 13 on the Department of Legal Affairs website, faced severe criticism for provisions that were seen as encroaching on the autonomy of the legal profession.
In a statement issued on Saturday, the Ministry announced that the Bill “will be processed afresh for consultation with stakeholders.” It emphasized that the initial publication demonstrated the government’s commitment to transparency and broad-based engagement.
The proposed amendments had sought to grant the government the power to nominate up to three members to the BCI, issue directives to the Council, and regulate foreign lawyers and law firms. Additionally, the draft expanded the definition of a “legal practitioner” to include lawyers working with foreign firms and corporate entities.
One of the most contentious provisions was a proposed ban on court boycotts and strikes by lawyers. The draft stated: “No association of advocates or any advocate, either individually or collectively, shall call for or participate in a boycott of court proceedings or cause any obstruction in court functioning.”
Defending the proposed changes, the Ministry had initially argued that the amendments aimed to align India’s legal profession with global best practices, improve legal education, and enhance professional standards. However, the BCI, led by chairperson and BJP MP Manan Kumar Mishra, strongly opposed the Bill, warning that it threatened the autonomy of the legal fraternity.
Given the widespread concerns and extensive feedback received, the Ministry has now decided to halt the consultation process and revisit the draft. The revised Bill will undergo fresh stakeholder consultations before any further action is taken.
The move comes after the legal community expressed outrage over what they perceived as an attempt to undermine the independence of lawyers and the self-regulatory framework of the Bar Council.